Justice Neil Gorsuch’s opinion in the case of a public-high-school football coach who led prayers on the 50-yard line privileges religious speech over other kinds of speech, Fabio Bertoni writes.
, which curtailed the federal agency’s ability to protect the environment. A fourth major decision of those final weeks may not hold life in the balance, but it will have radical and far-reaching consequences for the First Amendment and religious speech.
The First Amendment, of course, states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Protecting political speech, including speech that criticizes government officials, was the primary justification in the Supreme Court’s unanimous landmark 1964 decision in New York Times Co. v. Sullivan, which holds that government officials need to meet a very high burden of proof to succeed in defamation claims. In that decision, Justice William Brennan reasoned that, because political speech is central to democracy, “debate on public issues should be uninhibited, robust and wide-open.
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